Birth Defect Litigation

Some injuries are out of the parents or their control. Families could be faced with huge bills when these injuries require expensive procedures and special care.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to pay for future expenses. However, the law puts strict deadlines when a claim needs to be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have reduced the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. Families need to explore their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any stage of pregnancy, labor and birth. Medical professionals can also be negligent following the birth of a child by failing to provide the correct treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical malpractice. This time frame may be extended for infants. However, it is important to seek legal counsel as soon as possible to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate these claims and bring them to trial on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some may even be fatal. Some of these issues are inherited, whereas others are due to exposure to the environment or the use of prescription medications during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects by their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also be a result of any do something that is below the standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens. This medication can cause birth defects that are serious. During pregnancy, doctors usually recommend women not to take this medication, which is utilized to treat seizures. If a woman is exposed to the drug it is recommended that she make an insurance claim.

It is important to choose an attorney who has handled these types of cases. Choose a law firm that is specialized in this area, and works on an on a contingency basis, meaning you don't pay anything unless you are successful. Also, search for an attorney who has strong communication and negotiation skills. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many rancho palos verdes birth defect lawsuit defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and warn the public of any potential dangers. Unfortunately, some pharmaceutical companies do not keep up with research or foresee potential side effects. In addition, doctors can prescribe dangerous medicines to their patients and women may not get proper information about the dangers of taking certain drugs during pregnancy. These are known as teratogens, and they may cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing in addition to heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli's legal profession has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that can damage their reproductive health or lead to jacksonville birth defect lawsuit defects.

When filing a lawsuit against the parties responsible for your child's condition it is essential to gather as much evidence as you can. This includes any ultrasound images, blood tests, and medical bills that arise as a result of the birth defect. This information helps attorneys determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting and nerve-wracking experiences in the life of a woman. It's also the time that many medical professionals can make mistakes that lead to birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and acquire the compensation they deserve.

Medical experts are not always able determine the root of birth defects, however most of them can be due to environmental or chemical exposure. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to inform consumers of the dangers. Yet, a large percentage of these drugs are sold off-label to women of childbearing age, without warnings about the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from parental exposure to toxic chemical, such as those used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.